Mr. Shekhar Sumant Dadarkar (Proprietor M/S. S D Constructions) v. Aarey Bhaskar (Sports And Welfare Centre) And 7 ORS.

- 1 - (NMS 364 of 2014) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 364 OF 2014 IN SUIT No. 247 OF 2014 Mr. Shekhar Sumant Dadarkar (Proprietor M/s. S D Constructions) ...Applicant/Plaintiff Vs.

Aarey Bhaskar (Sports and Welfare Centre) and Ors.

...Respondents

*********** Mr. Vishal C. Ghosalkar for Plaintiff Mr. H.B. Takke, AGP for Defendant No.8 *********** CORAM : K.R. SHRIRAM, J.

DATE : JULY 10, 2017 P.C. :

1.

This is a money suit. Defendant No.1 is a registered charitable trust and Defendant Nos.2 to 7 are the trustees. Defendant No.8 is the Charity Commissioner. There is not even an averment made in the plaint regarding grant of injunction under Order 39 Rule 5of CPC. Notice of Motion is dismissed. 1/2

- 2 - (NMS 364 of 2014) 2.

Defendant No.8 is the Charity Commissioner and there is no relief sought against Defendant No.8. So far as Defendant Nos. 2 to 7 are concerned, suit is already transferred to undefended suit. Therefore, suit be transferred to list of undefended suits.

[ K.R. SHRIRAM, J.] Vaishali Tikan 2/2